HomeMy WebLinkAboutPC Reso No 2017-59 (Canyon Hills Market Place, PA 2017-30, MSHCP)RESOLUTTON NO. 20.t7-59
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT PLANNING APPLICATION
NO.2017-30 (COND|T|ONAL USE pERMtT NO.2017-07 AND COMMERTCAL DEStcN
REVTEW NO. 2017-06) tS EXEMPT FROM THE WESTERN RIVERS|DE COUNTY
MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP)
whereas, MPA Architects, lnc. has filed an apptication with the city of Lake Elsinore (city)
requesting approval of Planning Application No.2017-30 (Conditional Use permit No. 2017-07
and Commercial Design Review No. 2O17-OO) for the design and construction a 3,957 sq. ft.
commercial building for two (2) tenants within the Canyon Hills Marketplace. The first tenant will
be a drive{hrough Starbucks coffee shop and the second tenant space is designed for a future
retail or restaurant tenant (Project). The Project is located on the westerly side of Railroad Canyon
Road, southerly of Canyon Hills Road within the CHSP (APN: 363-210-021); and,
Whereas, Section lV (D) of the City's MSHCP lmplementing Resolution expressly exempts from
the MSHCP: Any project for which and to the extent that vested rights to proceed with the project
notwithstanding the enactment of this Resolution exist under the common laws of the State of
California, a vesting tentative map pursuant to the Subdivision Map Act, a development
agreement pursuant to Government Code section 65864 et seq., or other instrument, approved
or executed by the City prior to adoption of this Resolution. Poects subject to this exemption
must comply with all provisions of any applicable state and federal law; and,
Whereas, on August 15,2017 at a duly noticed Public Hearing the Planning Commission
(Commission) has considered evidence presented by the Community Development Department
and other interested parties with respect to this item.
NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE
DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section l: That in accordance with the Lake Elsinore Municipal Code (LEMC) and the MSHCP,
the Commission finds that:
The Project is exempt from the City's MSHCP Resolution by viftue of vested rights. On
July 9, 1990, the CW and Pardee-Grossman/Coftonwood Canyon entered into that certain
development agreement (the 'Development Agreement"), which expressly exempted the
Developer from responsibility for any new development impact fees. The Development
Agreement was amended by Amendment No. 1 dated January 12, 2010, approved by
Ordinance No. 1270, which extends the project's exemption from MSHCP requirements.
Even though the Project is exempt from the MSHCP, the Developer must comply with
other state and federal /aws. Consrslent with federal law, the applicant had prepared a
project-specific Habitat Conservation Plan and has a history of extensive coordination with
the wildlife agencies. Where approved for development, the project site has already been
graded, cleared, or developed in accordance with the Project HCP. Given the foregoing,
no further action regarding the MSCHP is required.
Section 2: This Resolution shall take effect immediately upon its adoption.
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PC Reso. No.20"17-59
Page 2 of 2
Passed and Adopted on this 15th day of August, 2017, by the following vote.
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF LAKE ELSINORE
l, Justin Kirk, Principal Planner of the City of Lake Elsinore, California, hereby certify that
Resolution No. 2017-59 was adopted by the Planning Commission of the City of Lake Elsinore,
California, at a Regular meeting held of August 15, 2017 , and that the same was adopted by the
following vote:
AYES: Commissioner'sRoss, Carroll,
NOES: None
ABSENT: Commissioner
ABSTAIN: None
Klaarenbeek; and Chairman Gray
SS.
Justin
Kirk,